Please Read:
The submission
of any print, slide or negative
to us for scanning, printing, or any other handling constitutes an
agreement by you that is such print, slide or negative if damaged,
lost or mishandled by our company or any affiliated company, agents
or employees, even though due to negligence or other fault of any of
the foregoing, or if unauthorized access is gained or misuse of an
image is made by any third party, our liability willl be limited, at
our option, to a full refund of any monies paid by you to us. The foregoing
will be your exclusive remedy for any such loss, damage or mishandling.
Except for such refund, the acceptance for scanning, printing or handling
of any prints, slides or negatives is without any warranty whatsoever
(whether expressed or implied, including any warranty of merchantability
or fitness for a particular purpose) or other liabiltiy of any kind.
Recovery for any special, incidental or consequential damages is specifically
excluded.
Privacy Policy
At Scrapless Press, we are committed to protecting your privacy when you
use our online service. In order to process your order, we need information
from you such as your name, address, phone number, e-mail address, shipping
address and credit card information. Our photo labs and agencies may have
access to this information in order to fulfill your order, provide customer
service and improve our website. All personal information and images which
you share with Scrapless Press and our agencies are kept absolutely private.
None of your personal information is sold or shared with any other non-affiliated
company. We will make every reasonable effort to safeguard your personal
information.
Scrapless Press may
send you emails from customer service related to your account information,
your orders or answers to your emails for help.
We may
also send you emails about promotions, special offers and new products.
You may opt in or out of receiving promotional emails at any time.
Terms of Use
Welcome to the Scrapless
Press site. These Terms of Use govern your use of the Scrapless Press
site and the services provided through
the Scrapless
Press site. Your acceptance of these Terms of Use, as modified from
time to time, creates a binding legal contract. PLEASE READ THESE TERMS
OF
USE
BEFORE USING THIS SITE. By continuing to access or use this site, or
any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS
OF USE.
Scrapless Press reserves the right to amend, remove, or add to these
terms and conditions at any time without notice. Such modifications
shall be effective
immediately. Accordingly, please continue to review these terms and
conditions of service whenever accessing or using this site. Your use
of this site,
or any service on this site, after the posting of modifications to
these terms and conditions of service will constitute YOUR ACCEPTANCE
OF THE
TERMS AND CONDITIONS OF SERVICE, as modified. If, at any time, you
do not wish
to accept the terms and conditions of service, you may not use the
site. Any terms and conditions proposed by you which are in addition
to or
which conflict with these terms and conditions of service are expressly
rejected
by Scrapless Press and shall be of no force or effect. If you have
any questions regarding the Terms of Use, please contact info@scraplesspress.com
Photo Copyrights
It is illegal to reproduce or distribute copyrighted material without
the permission of the copyright owner. The copyright owner of photos
in most
cases is the photographer. By sending pictures to the Scrapless
Press site, you grant us a limited, royalty-free and non-exclusive
license
to use,
adapt, transmit, transfer, store, copy and display the pictures
solely in connection
with our providing products and/or services to you. You represent
and warrant to us that you have all right, title and interest
in and to
all copyrights
in the pictures, or the express permission to copy and use such
pictures for all purposes related to Scrapless Press, and that the
pictures
do not violate or infringe upon the rights (including privacy,
moral or
publicity
rights) of others. You agree to indemnify us and hold us (and our
agencies and fulfillers) harmless from and against any and
all losses, damages,
costs or expenses, including reasonable attorneys’ fees,
arising out of your breach of the foregoing representation and
warranty or arising out of any
claim by a third party that the picture (or the use thereof) constitutes
an infringement or other violation of such third party’s
copyright, intellectual property rights or other rights. Your obligation
to
indemnify and hold us harmless shall survive any expiration and
termination of these
Terms of Use. A copyright release form can be downloaded from our
forms section.
Photo
Content
You may not send
to Scrapless Press any pictures or text which contain material that
is unlawful, threatening, abusive, libelous,
defamatory,
obscene, pornographic,
profane or offensive in the sole discretion of Scrapless Press
management. The content of the pictures and text you submit is governed
by applicable
laws (including laws which prohibit copyright infringement, obscenity,
pornography, child pornography, or child abuse). We have no obligation
or intent to monitor
the pictures or text. However, we and our agencies and fulfillers
reserve the right at all times to review the pictures and text, to
disclose
the pictures or text as necessary to satisfy any laws, regulations
or government
requests
and to report any potential violations of law to law enforcement
authorities, to refuse to post or transmit the pictures or text,
to remove the pictures
or text, and to refuse to perform any orders involving pictures
that are objectionable in our sole judgment and discretion.
Malicious
Activity
You
may not upload, post, email or otherwise transmit any material that
contains software
viruses or any other computer code,
files
or programs
designed to
interrupt, destroy or limit the functionality of any computer
software. Scrapless Press will take action to the fullest extent
of the law,
and will disclose
such actions and content to the relevant government authorities
to satisfy any law, regulation or government request.
Trademark
and Copyright
Scrapless Press
and all related graphics, logos and service names are trademarks of Scrapless
Press. All other trademarks
that
appear on
the Scrapless Press
site are the property of their respective owners. You are
not entitled to use any trademark in connection with any product
or service without
the express
permission of the owner of that trademark under the law.
The Scrapless Press site including but not limited to text, content,
photographs,
video, audio
and graphics, is protected by copyrights, trademarks, service
marks, international treaties and/or other proprietary
rights
and laws of
the U.S. and other countries.
You agree to abide by all applicable copyright and other
laws,
as well as any additional copyright notices or restrictions
contained on the
Scrapless
Press site. You are not entitled to duplicate, create derivative
works of, distribute, display or perform any content without
the express
permission of the owner of that content. We respect the
copyrights of others; as
such,
if you believe your copyright has been violated on the
Scrapless Press site, please contact Scrapless Press via email at info@scraplesspress.com
License
You acquire
absolutely no rights or licenses in or to the Scrapless Press site
and materials
contained within the
Scrapless Press
site other than
the limited right to utilize our services in accordance
with the Terms of Use.
Should you choose to download content from the Scrapless
Press site, you must do so in accordance with the Terms
of Use. Such
download is
licensed
to you by Scrapless Press for your own personal, noncommercial
use in accordance with the Terms of Use and does not
transfer any other
rights
to you.
Rights Reserved
All present and future rights in and to trade secrets,
patents, copyrights, trademarks, service marks, know-how
and other
proprietary rights
of any type under the laws of any governmental authority,
domestic or
foreign
including
rights in and to all applications and registrations
relating to the Scrapless Press site (the "Intellectual
Property Rights")
shall, as between you and Scrapless Press, at all
times be and remain the sole and exclusive
property of Scrapless Press. All present and future
rights in and title to the Scrapless Press site (including the
right to exploit
the site and
any
portions of the site over any present or future technology)
are reserved to Scrapless Press. for its exclusive
use.
Except as specifically
permitted by the Terms of Use, you may not copy or
make any use of the site or any
portion thereof. Except as specifically permitted
herein, you shall not use Scrapless Press' Intellectual Property
Rights or the site
for any purpose,
without Scrapless Press' prior written approval.
Restrictions on
Use
You may not use the site for any illegal purpose
or in any manner inconsistent with these Terms
of Use. You
agree to
use the site
solely for your
own noncommercial use and benefit, and not for
resale or the transfer or
disposition to, or
use by or for the benefit of, any other person
or entity. You agree not to use, transfer, distribute
and dispose
of any information
contained
in the
site in any manner that could compete with the
business of Scrapless Press. You acknowledge that the site
has been developed,
compiled,
prepared,
revised,
selected and arranged by Scrapless Press. through
the expenditure of substantial time, effort and
money and
constitutes valuable
intellectual
property and
trade secrets of Scrapless Press. You agree to
protect the proprietary rights of Scrapless Press. and all
others having
rights in the
site during and after
the term of this agreement and to comply with all
reasonable written requests made by Scrapless Press
to protect its
contractual, statutory
and common
law rights in the site. You agree to notify Scrapless
Press in writing promptly upon becoming aware of
any unauthorized
access
or use of the
site by any
part or of any claims that the site infringes upon
any copyrights, trademark or other contractual,
statutory or common law rights.
Disclaimer of Warranty
and Limitations of Liability
THE
SCRAPLESS PRESS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH
IT ARE PROVIDED "AS
IS" WITH
NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED,
AND STATUTORY WARRANTIES
INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES
OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT,
ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED
BY LAW, SCRAPLESS
PRESS DISCLAIMS ANY WARRANTIES
FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE
OF THE SCRAPLESS PRESS SITE. SCRAPLESS PRESS
FURTHER DISCLAIMS,
TO THE FULLEST EXTENT
PERMITTED BY LAW,
ANY WARRANTIES FOR ANY INFORMATION OR ADVERTISEMENT
OBTAINED THROUGH THE SCRAPLESS PRESS SITE.
YOU, THE USER, UNDERSTAND AND AGREE THAT THE SUBMISSION
OF ANY DIGITAL PHOTO TO SCRAPLESS PRESS, AND
THE DOWNLOAD OR
UPLOAD OF ANY MATERIAL THROUGH
THE
SCRAPLESS PRESS SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PHOTOS,
AND ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA
THAT MAY
RESULT IN
THE
DOWNLOAD OR UPLOAD
OF ANY MATERIAL.
EXCEPT AS EXPRESSLY
PROVIDED IN THE PRECEDING PARAGRAPHS, TO THE FULLEST EXTENT ALLOWED
BY LAW, SCRAPLESS
PRESS
SHALL NOT
BE LIABLE
FOR ANY DIRECT,
INDIRECTIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES, EVEN IF SCRAPLESS PRESS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH
DAMAGES.
THE FOREGOING
DISCLAIMERS,
WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY.
Indemnification
By using the Scrapless Press site, you agree to
indemnify and hold harmless Scrapless Press and
its parents,
subsidiaries, affiliates,
officers,
consultants and employees
from any and all claims and expenses including
attorney’s fees, arising
from your use of Scrapless Press’ services.
Termination of Service
Scrapless Press may terminate its service to
you through the Scrapless Press site at any
time, without
notice,
for any conduct
in violation
of this Terms
of Use or any other policies or guidelines
set forth on the Scrapless Press site. Scrapless
Press reserves
the right
to take all appropriate
measures
to enforce
Scrapless Press’ policies.
Miscellaneous
For purposes of these Terms, "you", and "your" shall mean
you and "we", "us", and "our" means
Scrapless Press. These Terms of Use constitute
the entire agreement between you
and Scrapless Press. with respect to the use
of the Scrapless Press site. Our failure to
enforce
any right or provision in these Terms of Use
shall not constitute
a waiver of such right or provision or of any
other rights or provisions in these
Terms of
Use. If a court should find that one or more
rights or provisions set forth in these Terms
of Use are invalid, you agree that
the remainder
of the Terms
of
Use shall be enforceable and that the invalid
provision shall be enforceable to the fullest
extent permitted by law. We
reserve the right to change
these Terms of Use at any time without notice.